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L-1 vs H-2A

The L-1 moves executives, managers and specialised-knowledge employees within the same multinational, after at least one continuous year there. The H-2A is for temporary or seasonal agricultural work with a farm employer, who must first obtain a Department of Labor certification. Only the L-1 allows dual intent and lets your spouse work.

These two categories differ on 8 of 10 criteria. The full table is below, but if you only have a minute, these are the differences that decide a case.

Where they part ways

  • What it is for

    L-1 Transfer within the same company

    H-2A Temporary or seasonal agricultural work

  • Needs a sponsor

    L-1 Yes, your own company

    H-2A Yes, an agricultural employer

  • Prior USCIS petition

    L-1 Yes, Form I-129

    H-2A Yes, DOL certification then I-129

  • Duration

    L-1 L-1A up to 7 years, L-1B up to 5

    H-2A Up to 1 year, 3 cumulative

  • Dual intent

    L-1 Yes

    H-2A Not allowed

  • Spouse may work

    L-1 Yes, on an L-2

    H-2A H-4, no work permit

  • Path to residence

    L-1 Yes, EB-1C for executives

    H-2A It does not lead there

  • Chile's position

    L-1 No particular advantage

    H-2A A DHS country list renewed annually

Full comparison

CriterionL-1 L-1 visaH-2A H-2A visa
What it is for The activity the category authorises. Transfer within the same company Temporary or seasonal agricultural work
Needs a sponsor Whether someone else has to petition for you. Yes, your own company Yes, an agricultural employer
Annual cap How many are issued per fiscal year. No cap No cap
Lottery Whether access depends on a random selection. None None
Prior USCIS petition Whether a form must be approved before the consulate. Yes, Form I-129 Yes, DOL certification then I-129
Duration Initial term and cumulative ceiling. L-1A up to 7 years, L-1B up to 5 Up to 1 year, 3 cumulative
Dual intent Whether you can pursue residence without risking the status. Yes Not allowed
Spouse may work Whether your partner is authorised to work. Yes, on an L-2 H-4, no work permit
Path to residence Whether it leads to a green card or is one already. Yes, EB-1C for executives It does not lead there
Chile's position What being Chilean changes. No particular advantage A DHS country list renewed annually

Figures verified on 2026-09-11

This table is general guidance, not legal advice or an eligibility assessment.

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